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Amn Pty Ltd v Wu and Lynink Pty Ltd [2000] QCA 281

Case law · Queensland · 2000
[2000] QCA 281 COURT OF APPEAL de JERSEY CJ DAVIES JA MULLINS J Appeal No 8025 of 1999 AMN PTY LTD Appellant CAN 010 048 987 v. LIN FENG LANG WU & LYNINK PTY LTD First Respondent And ROSS ANDREW DUUS and ROGER WALKER Liquidators of SCA PROPERTIES PTY LTD (IN LIQUIDATION) CAN 010 977 714 Second Respondent BRISBANE ..DATE 18/07/2000 JUDGMENT -- 1 of 2 -- 2 JUDGMENT THE CHIEF JUSTICE: The orders will be made in accordance with the document you have provided, which I have initialed, and as to Mr Drysdale’s application on behalf of a creditor of the appellant to be joined, the short response is that rule 17 of the Corporations Law would not cover the situation, the reference there to “The Corporation” meaning, in this case, the second respondent, SCA Properties Pty Ltd (in liquidation). And as rule 750 of the Uniform Civil Procedure Rules, Mr Drysdale’s client should not be regarded as a person “Directly affected” by the relief sought in the proceedings. At best it could be regarded as indirectly affected. Mr Drysdale’s application is, for those reasons, therefore refused. I have the authority of the other members of the Court to say those things. -- 2 of 2 --